Federal judge vows to strike down Ohio's failure to recognize gay marriages obtained in other states
Here we see the federal government trumping the rights of the people in the state of Ohio. Soon Sundays laws will also be imposed upon the states and once again the rights of the people will be violated. -Advent Messenger
Cleveland.com | April 4, 2014
CINCINNATI, Ohio – A federal judge said this morning that he intends to issue a ruling in 10 days that will strike down Ohio’s ban on recognizing gay marriages obtained legally in other states.
U.S. District Court Judge Timothy Black informed lawyers of his intentions at a hearing, which set off a joyous celebration in the courtroom among four same-sex couples and their supporters, said attorney Al Gerhardstein.
“For same sex couples who have struggled to secure equal rights this is a great day,” Gerhardstein said shortly after the hearing ended.
Ohio has banned same-sex marriages, and failed to recognize same-sex marriages from other states, since a vote in 2004. Currently 17 states and the District of Columbia allow same-sex marriages, Gerhardstein said.
Black’s statement read: “I intend to issue a written decision and order by April 14 striking down as unconstitutional under all circumstances Ohio’s bans on recognizing legal same-sex marriages from other states.”
The announcement came at a hearing on a case brought by three lesbian couples and one married gay couple from New York who adopted a baby born in Ohio. The couples are suing for an order requiring Ohio to place the names of both parents on the birth certificates of their newborns.
Attorneys for the state had argued that it's Ohio's sole province to define marriage as between a man and a woman.
By announcing his intention ahead of his ruling, Black gave time for the state to prepare an appeal that can be filed as soon as he rules. A spokesman for Attorney General Mike DeWine said the state plans to appeal the order.
Gerhardstein said that Judge Black did not say whether or not he would issue a stay of the lawsuit pending an appeal.
“We don’t know what he is going to do, so stay tuned,” Gerhardstein said.
The case before Black is one of at least 55 marriage equality court cases working their way through the judicial system across the country, and the second time Black has ruled in favor of same-sex marriages, said Chad Griffin, president of the Human Rights Campaign.
“For the second time Judge Black has affirmed that the marriages of committed and loving same-sex couples must be recognized by the state of Ohio,” Griffin said.
“Since the U.S. Supreme Court’s landmark marriage equality rulings last June, not a single state marriage ban has survived a federal court challenge. It’s only a matter of time before marriage equality is the law of the land in not just Ohio, but every corner of America.”
The National Organization for Marriage condemned Black’s stated intentions.
“This is an affront to the rule of law and to the people of Ohio who voted overwhelmingly to define marriage solely as the union of one man and one woman,” the group said. “We call on the state to be ready to file a vigorous appeal of this coming ruling, and for the U.S. Supreme Court to move expeditiously to rule on this issue.”